§ 1513.

PROTEST OF A TIER III FACILITY PERMIT

a.

Protest Allowed. Any Person may protest a tentative approval of an Application for a Tier III Facility Permit. A protest must be in writing and must be submitted to the Department within twenty (20) days of the date the notice was mailed and posted as required under Section 1512 above.

b.

Hearing Required. If a protest is timely submitted, the Department shall hold a hearing. The Department shall set a date for the hearing that is at least fifteen (15) days, but no more than forty-five (45) days, after the Department’s receipt of the protest, unless the Applicant and any Person submitting a protest agree to a later hearing date.

c.

Notice of Hearing Date. At least ten (10) days before the hearing, the Department shall notify in writing any Person submitting a protest, the Applicant, and any City department that reviewed the Application of the date set for the hearing. The Department shall follow its regular procedures for notifying the general public of the hearing.

d.

Hearing Officer. The Department shall appoint an impartial hearing officer to conduct a public hearing on a protest.

e.

Hearing Record. The hearing record shall include:

1.

The Application and the Department’s tentative approval of the Application;

2.

Any written determination from the Department, the Planning Department, the Recreation and Park Department, and the Department of Public Health (as applicable);

3.

Any further written evidence from any City departments submitted either prior to or during the hearing;

4.

Any written submissions from the Applicant, any Person submitting a protest, or any other interested Person submitted either prior to or during the hearing; and

5.

Any oral testimony from any City departments, the Applicant, any Person submitting a protest, or any interested Person taken during the hearing.

f.

Hearing Officer’s Report. The hearing officer shall issue a written report and recommendation within ten (10) days of the close of evidence. The hearing officer shall include in the report a summary of the evidence and a recommendation to the Director to either grant or deny the protest of an Application.

g.

Director’s Decision. The Director shall issue a written decision adopting, modifying, or rejecting the hearing officer’s written report and recommendation within seven (7) days of receipt of the report.

h.

Grounds for Granting a Protest. The Director may grant a protest of a tentative approval of Application for a Tier III Facility Permit only if the Director finds that the evidence at the hearing supports any one of the following findings:

1.

The Department of Public Health incorrectly determined that the Application complies with the Public Health Compliance Standard;

2.

The Department incorrectly determined that the Application meets the Tier III Necessity Standard;

3.

In the case of an Application for a Tier III-A or Tier III-B Facility Permit, the Planning Department incorrectly determined that the Application meets the Tier III-A or Tier III-B Compatibility Standard, as applicable; or

4.

In the case of an Application for a Tier III-C Facility Permit, the Recreation and Park Department incorrectly determined that the Application meets the Tier III-C Compatibility Standard.

History

(Added by Ord. 12-11, File No. 100041)

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